PART I. Bond required. ties. herself without becoming a public charge, or who, from any attending circumstances, are likely to become a public charge, or who, from sickness or disease, existing at the time of departure from the foreign port, are, or are likely soon to become a public charge, they shall report the same to the said mayor particularly, and thereupon, and unless a bond, as required in the second section of this act, shall have been given, the said mayor, or the person discharging the duties of his office, shall require in the endorsement to be made as aforesaid, or in any subsequent endorsement or endorsements thereon, and in addition to the commutation money, that the owner or consignee of such ship or vessel, with one or more With sure sufficient sureties, shall execute a joint and several bond to the people of the state in a penalty of five hundred dollars, for every such passenger, conditioned to indemnify and save harmless the commissioners of emigration, and each and every city, town or county within the state from any further cost or charge, which said commissioners, or any such city, town or county shall incur for the maintenance or support of the person or persons named in such bond, or any of them, within five years from the date of such bond. The sureties to the said bonds shall be required to justify before and to the satisfaction of the officer making such endorsement, and by their oath or affirmation shall satisfy such officer that they are respectively residents of the State of New York, and worth double the amount of the penalty of such bond, over and above all debts, liabilities, and all property exempt from execution. The subsequent endorsement authorized in this section may be made at any time within thirty days after such examination, or of the landing of any such person or Commissioners to vants and agents. penses. passenger. $5. The eighth section of chapter three hundred and fifty, appoint ser- of the laws of eighteen hundred and forty-nine, is hereby amended so as to read as follows: The commissioners of emigration are authorized to employ and appoint and dismiss at pleasure a superintendent, physicians and such other officers, nurses and orderlies and such servants as they shall deem necessary for the management and care of the Marine And pay ex- and other hospitals used for quarantine purposes, and to pay all needful expenses therefor out of the moneys under their control; but the moneys received under any of the provisions of this act as commutation money, or upon bonds given for or on account of any persons or passengers landing from vessels at the port of New York or elsewhere, shall not be applied or appropriated to any other purpose or use than to defray the expenses incurred for the care, support, or maintenance of such persons or passengers, nor shall such passengers be entitled to any aid from the commissioners of emigration after they shall have left the State of New York, and been absent therefrom for more than one year. Nothing in this act contained shall be deemed to affect the authority of the board of health, nor the mode of appointment of the health officer, resident physician, or commissioner of health of the city of New York, or to prevent the health officer from selecting his own medical assistants, other than those of the Marine Hospital, for any duties required by law to be discharged by him, or under his authority. CH. XXV. cer. $6. Section seventeen of chapter three hundred and fifty, Health offof the laws of eighteen hundred and forty-nine, is hereby amended so as to read as follows: The commissioners of emigration are authorized to require the health officer to perform the duties of physician to the Marine Hospital; in which case he shall reside within the quarantine enclosure, and perform the duties of physician of Marine Hospital, and all other duties appertaining to that office, and discharge the patients from the hospital without compensation therefor, other than is now by law allowed him as health officer, and he shall not be entitled to demand or receive from the commissioners of emigration any pay or compensation whatever for services performed by him except where a written contract to that effect shall have been entered into by them. He shall also perform the duties of superintendent without compensation, if so required by the commissioners of emigration, and at and after the expiration of the term of the present health officer, he shall pay the wages of the boatmen whom they shall respectively employ, and the commissioners of Emigration shall in no respect be liable therefor. quired of $ 7. Section second of chapter three hundred and fifty of Bond rethe laws of eighteen hundred and forty-nine, is hereby consignee amended so as to read as follows: It shall be the duty of of vessel. the said mayor or other person discharging the duties of his office aforesaid, by an endorsement to be made on the said report, to require the owner or consignee of the ship or vessel from which such persons were landed, to give a several bond to the people of the State, in a penalty of three hundred dollars for each and every person or passenger included in such report, such bond being secured as hereinafter provided, and conditioned to indemnify and save harmless the commissioners of emigration and each and every city, town, or county in this State from any cost which said commissioners or such city, town or county shall incur for the relief or support of the person named in the bond, within five years from the date of such bond, and also to indemnify and refund to the said commissioners of emigration any expense or charge they may necessarily incur for the support or medical care of the persons named therein, if received into the Marine Hospital or any other institution under their charge. Each and every bond shall be secured by two or more sufficient securities, being residents of the State of New York, each of whom shall prove by oath or otherwise that he is owner of a freehold in the State of the value of three hundred dollars over and above all or any claim or lien thereon, or against him, includ PART I. tion for bond. ing therein any contingent claim which may accrue from or upon any former bond given under the provisions of this act; or such bond may, at the option of the party, be secured by mortgage of real estate, or by the pledge and transfer of public stock of the United States or of the State of New York, or of the city of New York, or by deposit of the amount of penalty in some bank or trust company; such security, real or Commuta personal, having been first approved by the said mayor. It shall be lawful for any owner or consignee at any time within twenty-four hours after the landing of such persons or passengers from any ship or vessel in the port of New York, except as in the section hereinafter provided, to commute for the bond or bonds so required, by paying to the health commissioners of the city of New York the sum of one dollar and fifty cents for each and every passenger reported by him as by law required; the receipt of such sum by said health commissioners shall be deemed a full and sufficient discharge from the requirements of giving bonds as above provided. The said health commissioner is hereby required to pay over daily the said money with an account thereof to the chamberlain of the city of New York. But no owner or consignee shall be authorized to commute for the bond so required for any passenger arriving in the port of New York, between the first day of December and the fifteenth day of April, who may be sent to the Marine Hospital from shipboard by the health officer, or by the authority of the board of health of the city of New York on account of illness from ship fever. The commissioners of emigration shall have authority to commute specially for any bond in such cases at such rates and in such manner as shall appear to them equitable and Health off proper. It shall be the duty of the health officer to report without delay to the commissioners of emigration the names of all passengers sent by his order during the above mentioned period from ship board to the marine hospital on account of illness from ship fever. For the duties performed by the health commissioner and named in this section, he shall be paid by the commissioners of emigration at the rate of seventeen hundred and fifty dollars per annum, and he shall be paid the remainder of his salary by the mayor, aldermen and commonalty of the city of New York. And at and after the expiration of the term of the present health commissioner, it shall be lawful for the commissioners of emigration to select for the performance of the duties named in this section and now performed by the commissioner of health, either the mayor of the city of New York, or the chamberlain of said city, or the health commissioner, and the compensation for the performance of said duties shall be so much as such officer so selected and the commissioners of emigration may agree upon, and thereafter the salary of the health commissioner shall be fixed by the mayor, aldermen cer to re port. and commonalty of the city of New York, and paid from the treasury of said city. CH. XXV. change of S8. The commissioners of emigration are hereby autho- Sale or exrized and empowered by and with the consent and approval land. of the governor, comptroller and attorney-general, to sell or exchange, and give conveyances for any lands or any portion thereof, which have been or may hereafter be purchased by them as such commissioners. S9. All acts and parts of acts inconsistent with this act are hereby repealed. CHAP. 218. AN ACT for the protection of emigrant passengers arriving at the city of New York. PASSED April 13, 1853. The People of the State of New York, represented in Senate and Assembly, do enact as follows: 51. The owner or owners, consignee or consignees, master, Landing commander, or person having charge of any ship or vessel passengers. arriving at the port of New York with passengers emigrating to the United States, shall land all such passengers on some one of the public wharves of the city of New York, excepting, however, such wharves as are owned or rented by or are under the control of any steamboat or railroad or forwarding company or line. not to be from ves antine. $2. No owner or owners, consignee or consignees, master, Passengers commander or person having charge of any such ship or ves- removed sel, shall order any such passengers to be taken or removed sel at quarfrom such ship or vessel, at quarantine or elsewhere, excepting for the purpose of quarantine regulations as to health, or shall give orders, or permit, or allow any runner or person on behalf of, or connected with, any steamboat, railroad, or forwarding company or line, or emigrant boarding house, to solicit or book any such passengers, or to enter or go on board such ship or vessel, prior to the landing of such passenger, as is provided for in the first section of this act. Thus amended by Laws of 1853, ch. 619. ry of 1st 3. The first and second sections of this act shall apply to Explanatothe owner or owners, consignee or consignees, master, com- and 20 secmander, or persons having charge of any steamboat or other tions. vessel employed for the purpose of conveying any passengers from quarantine. provisions 54. Any consignee or consignees, master, commander, or Penalty for person having charge of any ship, steamboat or vessel, who violating shall violate any of the provisions of this act, and the owner of act. or owners of such ship, steamboat or vessel, severally and respectively, shall be subject to a penalty of five hundred dol PART L Penalties to be liens vessel. lars for each and every violation of any of the provisions of this act, to be sued for and recovered with costs of suit by and in the name of the commissioners of emigration in any court having cognizance thereof; and when recovered, one-half of said recovery shall be paid to the person furnishing information and evidence of such violation, and the remainder of such recovery shall be applied and used by said commissioners of emigration for the purposes for which said commissioners are constituted. 5. Any ship, steamboat or vessel, whose master, comon ship or mander, owner or owners shall have incurred any penalty or forfeiture, under the provisions of this act, shall be liable for such penalties or forfeitures, .which shall be a lien upon such ship or vessel, and may be enforced or collected by warrant or attachment, in the same manner as is provided in title eight of the third part of the Revised Statutes, all the provisions of which title shall apply to the forfeitures and penalties imposed by this act; and the said commissioners of emigration shall, for the purpose of such attachment, be deemed creditors of such ship, steamboat or vessel, and of her master or commander and owner or owners respectively. Landing from steamboats. Selling tickets. Fraudulent ly obtain tickets from pas sengers. $ 6. Nothing in this act contained shall be construed to prevent the landing of such emigrant passengers from steamboats or other vessels, in the manner provided in the first section of this act, in any case where the ship or vessel from which such passengers are taken shall be unable to come to any such public wharf, provided such steamboat or other vessel shall be employed at their own expense by the owner, consignee, master or person having charge of the ship or vessel from which such passengers are taken, for the purpose of landing the same, in consequence of their inability to bring such ship or vessel to said public wharf; and the provisions of the second section of this act shall apply to such steamboat or other vessel so employed. $7. Any person who shall sell, or cause to be sold, a passage ticket, or order for such ticket, to any emigrant passenger at a higher rate than one and a quarter cent per mile; or shall take pay for any ticket, or order for a ticket, under any false representation as to the class of said ticket, whether emigrant or first class, shall, upon conviction be deemed guilty of a misdemeanor, and be punished by a fine of two hundred and fifty dollars, and imprisonment in the county jail for not less than sixty days. S8. Any person who shall, directly or indirectly, by means ing passage of false representations, purchase or receive from any emigrant passenger any passage ticket, or who shall procure or solicit any such passenger, having a passage ticket, to exchange the same for any other passage ticket, or to sell the same and purchase some other passenger ticket, shall be deemed guilty of a misdemeanor; and upon conviction shall be punished by fine and imprisonment. |